Citation Nr: 21021858 Decision Date: 04/14/21 Archive Date: 04/14/21 DOCKET NO. 17-12 434 DATE: April 14, 2021 REMANDED Entitlement to an initial rating in excess of 10 percent for left deep vein thrombosis with post-phlebitic syndrome (DVT) is remanded. Entitlement to an initial rating in excess of 10 percent for right deep vein thrombosis with post-phlebitic syndrome (DVT) is remanded. REASONS FOR REMAND The Veteran served on active duty from November 1989 to May 2012. These matters come before the Board of Veterans’ Appeals (Board) on appeal from a May 2015 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified at an April 2021 videoconference hearing before the undersigned Veterans Law Judge. A transcript of the hearing has not yet been associated with the file. The Board notes this is of no prejudice to the appellant as the Board is remanding the appeal for further development, and a copy of the hearing transcript will be associated with the claims file in the ordinary course of business. 1. Entitlement to an initial rating in excess of 10 percent for left DVT 2. Entitlement to an initial rating in excess of 10 percent for right DVT Although the Board regrets the delay, a remand is required to fully adjudicate the Veteran’s claim. The Veteran last underwent a VA examination of his service-connected left DVT and right DVT disabilities in January 2017, over 4 years ago. Normally the mere passage of time would not warrant a new examination; however, where there is a suggestion of worsening, as is the case here, a new examination is warranted. See Palczewski v. Nicholson, 21 Vet. App. 174, 182 (2007). Since the January 2017 VA examination, the Veteran has reported persistent bilateral lower extremity swelling due to DVT. See March 2017 Correspondence. The Veteran also testified that he experiences persistent swelling bilaterally due to his DVT at his April 2020 hearing. The Veteran should be provided an opportunity to report for a VA examination to ascertain the current severity and manifestations of his bilateral DVT disabilities. Additionally, it appears that relevant private treatment records identified by the Veteran in his April 2020 hearing are outstanding. Specifically, the Veteran reported private treatment for his bilateral DVT disabilities at Valley Health Center. However, there are no private treatment records in the Veteran’s file. A remand is required to allow VA to obtain authorization to request these records. The matters are REMANDED for the following action: 1. With any necessary additional assistance from the Veteran, obtain any identified outstanding and relevant records from Valley Health Center, and any other private medical care providers who treated him for his bilateral DVT disabilities. After securing any necessary releases, request any relevant records identified. If any requested records cannot be obtained, the claims file should be annotated as such and the Veteran and his representative notified of such. Additionally, obtain any pertinent outstanding VA treatment reports. 2. Thereafter, schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected bilateral DVT disabilities. The claims file, to include a copy of this Remand, must be made available to, and reviewed by, the examiner. The examiner should note such review was conducted. The examiner is to provide a detailed review of the Veteran’s pertinent medical history, current complaints, and physical evaluation of his bilateral DVT disabilities. The examiner should provide a full description of the disabilities and report all signs and symptoms necessary for evaluating the Veteran’s disabilities under the rating criteria. C. CRAWFORD Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S. Battaile The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.